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Shashank   03 March 2017

Regarding forced divorce by wife who went abroad

I got married in Feb 2015 and got it registered on the same month in a register office in Chennai (Velachery. TN marriage act).  All the marriage expenses were shared equally by both me and my father in law. I am an engineer by profession. My wife is a doctor who wanted to do her higher studies for 2 years abroad and hence after staying together for 8 months (till November 18th 2015), she moved abroad. She is supposed to return on Dec 2017 to India to pursue her practice but now she says she wants to continue abroad and wants divorce from me. Our married life was quite normal in India except for occasional disputes (which are not major). Since, she wanted to go abroad, I wanted her to work in only one hospital but she wanted to work in two hospitals and so she joined two hospitals (one during day and the other for 3 to 4 hrs during evenings). Before marriage, I had given information to my father in law that I may also take a break after marriage to pursue my interests and hence I also applied to US universities for my doctorate. Unfortunately I couldn't get funding and hence joined for doctorate in India itself.

My wife's first marriage got stopped due to some religious reasons (her first boyfriend is a christian and she is a Hindu) about which I knew before marriage itself and hence didn't go too much into that detail with her. After marriage, I found a letter in her cupboard when I was cleaning up the place. The letter was written by her another boyfriend (second one about whom I didn't know about before marriage). I was ok about that too because having relationships before marriage is not a big issue according to me. But the problem was that she told she cannot stop interacting with him as they are friends now about which I was not very happy about. But I didn't make it a big issue. After she moved abroad, during one day, i mentioned to her that i dont like her being in touch with her ex boyfriend but i mentioned about it to express my discomfort with that. After a few months, she stopped interacting with me and started pestering for divorce.

My in laws don't know about her second relationship and even I didnt tell them about that still. Her second boyfriend also got married and even his wife is not very comfortable with both of them interacting but they still interact on a regular basis infact she interacts with him much more than with me. Now she also tells that she was forced into this marriage because othewise her parents wouldnt agree for her to go abroad for higher studies.

I am 34 years now and pursuing my studies under the assumption that she will come back to India. Now she tells she doesnt want to live with me and wants to settle down abroad. She even blocked me in whatsapp.

Can i file a cheating case against her in a family court?



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 5 Replies


(Guest)

If you were married in India, it is advisable to take divorce in India only.  If she takes divorce in some other country, she can change her mind and file some case in India as marriage is done in India. So apply MCD and take divorce from Indian Family Court only.  All the best.

A walk alone (-)     04 March 2017

You are very lucky golden opportunity is on your door go MCD. No need to file any case. Filing any case in India is only wastage of time and money with zero result. Once you file any case she will file whole package of cases on you and your family. You will waste a decade in court. At last divorce will be result. If marriage dnt work it's better go MCD . find someone else. otherwise you will only spoil your own life in roaming court. Go MCD forget all.

Shashank   04 March 2017

Thank you for the replies.

In case of mutual consent divorce, can i take any out of court settlement to recover the wedding expenses incurred by me? I had spent a lot of money for the wedding assuming that we would lead a happy life but unfortunately it didnt happen.
If she doesn't accept for that and file a contested divorce case in the court, will she able to file it on the grounds of harassment even if it is false? Will the police arrest me and my family if she files such a divorce even without proper true grounds?
I have all the whatsapp chat transcriptts which tells clearly that she is the one asking for divorce without any proper grounds and purely stating some incompatibility.
Will the whatsapp messages considered as a proof of electronic evidence in the courts (family courts in case of contested divorce)?

Whats the approximate time frame for a contested divorce to settle down? and how much time a MCD takes?

Sudhir Kumar, Advocate (Advocate)     05 March 2017

The given facts state that bother of you are students only  (regarl;ess 30+ age) and are not able to settle family.  You both seem to be considereate to each other and you are one of the lucky person who is getting offer of mutual divorce without you and your family going ot jail in false charges.

 

If you really want to cultivate and harvest rouble then consider the time taken in contested dorvoce (alongwith appears/revision thereon) which can be predicted only in astrology.

A walk alone (-)     05 March 2017

Forget about marriage expenses. I can't understand why you want to roam court for decade and waste your money on lawyers with zero result? No court no law can force her to live with you. You have golden opportunity on your door go MCD get rid of her forever . find someone else. whatsapp messages can be considered as a proof of electronic evidence in the courts . contested divorce may take 4-5 years even a decade if other party move up to SC. Contested divorce is wastage of time. If relationship don't work better go MCD.MCD may take one year. Brother dnt waste your life on that girl. Forget her go MCD and find someone else. You have already waste two years on her. If you go court you will waste a decade. Time can never recover in life.

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